New York Court of Appeals

The People of the State of New York, Appellant v. Gerald Garson, Respondent

March 30, 20066 N.Y.3d 604

Summary

The Court held that evidence of a judge's violation of the Rules of Judicial Conduct, combined with receipt of benefits, is sufficient to support six counts of receiving reward for official misconduct under Penal Law §200.25, and reinstated those counts while affirming the dismissal of the official misconduct count. Justice G.B. Smith dissented, arguing the Rules are not criminal statutes and the evidence is insufficient.